AbdulRehman Foundation

The General Agreement on Tariffs and Trade (GATT) was a multilateral agreement established in 1947 with the goal of promoting international trade by reducing trade barriers, such as tariffs and quotas. It served as the foundation for the World Trade Organization (WTO), which replaced GATT in 1995.

Article XX of the GATT outlines a series of general exceptions to the rules of the agreement. These exceptions allow member countries to implement certain measures that would otherwise be considered trade-restrictive, as long as the measures meet specific criteria. The exceptions listed in Article XX include:

1. General Exceptions: This section allows countries to adopt measures necessary to protect public morals, human, animal, or plant life, or to conserve exhaustible natural resources. However, these measures should not be applied in a way that constitutes a disguised restriction on international trade.
2. Security Exceptions: This section permits countries to take measures that they consider necessary for the protection of their essential security interests. However, this exception should not be used to justify measures that are discriminatory or arbitrary, or that constitute a means of avoiding GATT obligations.
3. Balance of Payments Exceptions: This section allows countries facing balance of payments difficulties to adopt measures aimed at restoring their external balance. These measures can include temporary import restrictions or additional duties, but they should not be discriminatory or maintain protectionist purposes.
4. Public Health Exceptions: This section acknowledges that GATT provisions should not prevent countries from taking measures necessary to protect human, animal, or plant life or health. However, these measures should not be applied in a manner that constitutes arbitrary or unjustifiable discrimination or a disguised restriction on international trade.

It’s important to note that the specific provisions and interpretation of Article XX have evolved over time through negotiations and disputes under the GATT and WTO. Member countries have engaged in extensive discussions and legal proceedings to clarify the scope and limitations of the exceptions outlined in Article XX.

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